Landlord Didn't Prove Need for Apartments for Education Purposes

March 1, 1997

LVT Number: 11278

Landlord sought certificates of eviction from DHCR to recover tenants' apartments for its charitable and educational purposes. The DHCR ruled against landlord, and landlord appealed. The court and appeals court again ruled against landlord. The DHCR's decision was proper since landlord didn't show that it required the apartments for its immediate use in connection with its charitable or educational purposes. Other apartments in the same building that had been converted into offices were vacant or underused.

Landlord sought certificates of eviction from DHCR to recover tenants' apartments for its charitable and educational purposes. The DHCR ruled against landlord, and landlord appealed. The court and appeals court again ruled against landlord. The DHCR's decision was proper since landlord didn't show that it required the apartments for its immediate use in connection with its charitable or educational purposes. Other apartments in the same building that had been converted into offices were vacant or underused. Vacant offices also existed in other buildings owned by landlord, and landlord didn't even know how many vacant offices it had.

New School for Social Research, Inc. v. DHCR: NYLJ, p. 26, col. 1 (2/3/97) (App. Div. 1 Dept.; Murphy, PJ, Milonas, Nardelli, Andrias, JJ)

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